the really important thing to remember here we've been talking about justice and i think if the obama administration is going to allow itself to be led by the polls that's putting politics over justice but putting politics over sound policy. every single relevant national security stakeholder in the united states government agrees that closing guantanamo is in the national security interest of the united states and we're still not doing it. that's a clear example. the clearest example i've ever seen of putting politics over sound policy. >> john, your contention that guantanamo was an effort to evade the constitution. we're not talking about dealing with u.s. citizens, though, which is not to say we should deal with citizens of other nations that violate our ethics, but this is not -- these are people who are not entitled to the protection of the constitution, presumably. >> right. that's true. i think maybe -- >> that's very much an open question. that's an issue my students and i litigate day in and day out in federal court. >> doesn't mean they should be treated unethically by any